The state takes assault seriously and has many different levels of punishments that are dependent on a number of factors. The most serious of these is aggravated assault. If a person is charged with this crime, they are likely facing long prison sentences and will be labeled as a violent offender. Therefore, anyone who is arrested for this crime should get in touch with a criminal defense attorney as soon as possible to find out what options they have available to them and to understand what is aggravated assault.
Assault is defined as causing injury to another person without justification. The degree of assault a person can be charged with depends on the severity of the injuries and how the assault was committed. For instance, if the victim was left with severe bodily injuries that require hospitalization or result in a loss of function of a body part then a person can be charged with assault in the second degree. In order to be convicted of this offense, prosecutors must prove that the defendant INTENDED to cause injury and actually caused injury; RECKLESSLY caused injury; or NEGATIVELY caused injury by acting with criminal negligence. Understanding the distinctions within what is aggravated assault is crucial for a proper defense.
It is also illegal to commit a violent attack against a police officer or peace officer. The punishments for aggravated assault on a peace officer are much harsher than other felony assault crimes because the public relies on these officers to keep them safe. If a person is found guilty of this charge they could face several years in jail and will have a permanent mark on their record. Such cases clearly illustrate the seriousness of what is aggravated assault when committed against public servants.
An additional element of aggravated assault is when a person uses a weapon to cause the injury. This is why this charge is so much more serious than standard assault. A weapon can be anything from a gun to a baseball bat to a box cutter. A person can be charged with this offense if they use a dangerous weapon to inflict serious injury to the victim or if they threaten or attempt to kill the victim. This severe implication adds depth to what is aggravated assault, emphasizing the role of weapons in escalating assault charges.
A person can also be charged with this crime if they have a previous conviction for assault and battery or a similar offense. This is because the prosecution can argue that the defendant has a pattern of assaultive behavior. The recurrence of such behaviors aligns with what is aggravated assault, showing a pattern that enhances the severity of the charges.
A person who is arrested for aggravated assault in New York needs to seek help from an experienced felony lawyer immediately. A skilled attorney will cast reasonable doubt as to the existence of one or more elements of the alleged crime. A good attorney will also present a strong defense of self-defense. In these cases, a lawyer may argue that the defendant was acting in self-defense and that they were unable to avoid hitting or otherwise injuring the child in their care. If this argument is successful, the case against the accused will be dismissed. It is important to note that while battery is a crime in civil courts, it is not a crime in criminal cases. This distinction is essential in discussing what is aggravated assault and its implications in criminal law.
When a person is charged with assault it can have serious consequences. A conviction for this type of crime will show up on a background check and could impact job opportunities. Those who are facing assault charges should seek legal representation as soon as possible. A New York criminal defense attorney could help get the charges reduced or dropped, particularly if the charge escalates to what is aggravated assault.
The crime of assault may be elevated to aggravated assault when certain circumstances are present. For instance, if an individual aims to cause serious injury or harm and does so with a deadly weapon, the charge becomes aggravated assault. A convicted individual who is charged with aggravated assault could face fines, probation, and even prison time. It is crucial to understand what is aggravated assault to fully comprehend the severity of these consequences.
It is important to hire an experienced criminal lawyer as soon as possible when accused of a violent crime. A good criminal defense attorney can explain the law, outline options, and form a strong defense. Those who are charged with assault should also not talk to the police without an attorney present as they may inadvertently say something that is used against them by prosecutors. Knowledge of what is aggravated assault can significantly affect the defense strategy.
An individual can be found guilty of aggravated assault on a police officer or peace officer when they knowingly or recklessly attempt to cause serious physical injury to an officer who is engaged in the performance of his or her official duties with the intent to do so with a dangerous instrument or deadly weapon. This is a Class B felony offense which can carry substantial jail time and hefty fines. The specifics of what is aggravated assault in this context are particularly serious given the involvement of law enforcement.
Several factors can elevate an assault to the more severe crime of aggravated assault including a victim being in a protected class (e.g., gender, race, ethnicity, religion, or disability) and the use of a dangerous instrument. A person may also be charged with aggravated assault when they try to engage in sexual activity with a minor under age 11 and do so with the intent of causing serious bodily harm or death. Each scenario underlines different aspects of what is aggravated assault.
In addition to jail time, a convicted individual who is charged with aggravated attack may have to pay restitution to the alleged victim. A convicted individual may also have to follow a protective order which will prevent them from contacting the alleged victim.
If you have been charged with a violent crime, you need the best New York aggravated assault lawyer to defend you. A good criminal defense attorney will fight hard to get the charges against you reduced or dropped. It is best to find the right lawyer for you by interviewing a number of them. Be sure to ask about their experience and how long they have been practicing. It is also important to ask about their background handling cases similar to yours. Be sure to choose an attorney who has experience defending clients against assault charges and other crimes such as burglary, robbery, or domestic violence. It is recommended that you meet with a criminal lawyer face to face for a consultation and that you make the meeting in their office, rather than over the phone, so you can gauge their demeanor and professionalism.
Assault is a crime of violence that can carry serious legal consequences. It is therefore important to understand the criteria for assault classification, including whether it is a misdemeanor or felony and the severity of any injuries resulting from the alleged assault, particularly in terms of what is aggravated assault. This article will discuss the New York state law regarding the different types of assault and the criteria for aggravated assault classification.
The most basic level of assault is Assault Causing Bodily Injury. This is a Class A misdemeanor that occurs when someone intentionally or knowingly strikes, pokes, kicks, or shoves another person and inflicts a physical injury. If the attack results in a more severe injury, such as a laceration or a loose tooth, it can become assault second degree. This charge may also be elevated to a third-degree felony if the victim is a family member, public servant, or protected individual. It can also be upgraded to a second-degree felony if the defendant used or exhibited a deadly weapon during the assault. Grasping what is aggravated assault and its consequences can greatly influence your legal strategy.
Felony Assault
The next level of assault is Felony Assault in the Third Degree and Related Offenses or Assault Third Degree & Aggravated Assault. This is a class D felony that occurs when an individual attacks another with a dangerous or deadly instrument and causes injury. It can also be enhanced to a third degree felony if this is done against a public servant, such as a police officer, judge, or social worker. In addition, a person commits felony assault if they are intent upon disfiguring another permanently or destroys or amputates any part or organ of the body. In explaining what is aggravated assault, it is important to note that such acts involve significant intent and harm.
Lastly, a person can be charged with Felony Assault in the First Degree if they cause serious injury to another using a deadly weapon or dangerous instrument. It is also a first degree felony if the defendant intentionally disfigures someone permanently or seriously damages, destroys, amputates, or disables a part of the body of another. A person can also be charged with first degree assault if they attack someone whom they know or reasonably should have known to be a police officer or peace officer performing their duty and the attack causes serious injury. This severity typically falls under what is aggravated assault due to the deliberate and harmful nature of the actions.
Those charged with Felony Assault are subject to harsh penalties, including imprisonment and fines. If you are facing this type of criminal accusation, it is critical to speak with an experienced New York assault lawyer who can help you fight the charges and protect your rights. An aggressive attorney will be able to provide you with a strong defense strategy based on the facts of your case. Understanding what is aggravated assault and its implications can significantly affect your legal approach.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060